California Property - Selling house with tenants in property

[Dave Newgass]

Hello,

I recently inherited a house in my home state of California.  I currently live in the UK and would just like to sell it.  The house currently has tenants that have been there about five years now.  I told them my intention of selling and asked if they would like to purchase it.  After a few days, they came back and said, "no thank you".  They want to move out of state and start a new life.  

Now, I just want to sell the property and move on.  What is the 'legal' side of things in advising them the house is going on the market and what options would the new buyer have if they buy the house and it currently has tenants residing in there?  I would like minimum disruption and would also like to continue to collect the rent during the process!

What I am looking at navigating here?

Many thanks!

Dave

[Nicholas Smith]

With California Landlord Tenant Law, you won't really be able to termite the rental agreement without giving them 60 days notice to vacate (I'm assuming that they are month-to-month and not on a signed lease agreement). With that said, you can still market and transfer (sell) the property with a tenant in it, just might limit your buyer pool. I would give your tenants notice that you are selling the property and can expect showings with reasonable notice. There is a C.A.R. form that your Realtor can utilize for this.

Regarding the "Sale Termination Clause": This is language that would have to be inserted into a lease agreement with the tenant, can't be done after the fact or with someone who is on a month-to-month basis.

To notify the tenant that they need to vacate, you just need to provide them written notice (email will suffice).